T.V. Nalawade, J.

1. The petition is filed for challenging the regularization of services of respondent No.5 and 6 in Irrigation Department of the Government and also to challenge the seniority given to them in the cadre of Assistant Engineer. Further declaration is claimed in respect of Government Resolution dated 15-6-1995 issued by the Government by which protection was given by the Government to the employees like respondent Nos. 5 and 6 who had failed to get Validity Certificate in respect of their claim of Scheduled Tribe but who were from the S.B.C. class (Special Backward Category). Both the sides are heard.

2. The submissions made and the record show that respondent Nos.5 and 6 entered the service of Irrigation Department as Assistant Engineer through M.P.S.C. as Scheduled Tribes category candidates. Their claim was that they were belonging to Halba Koshti Tribe. As per the conditions laid down in the letter of appointment, they were expected to submit validity certificate in respect of their claim of Tribe. In May 2001 the tribe claim of the respondent Nos.5 and 6 was invalidated. Some proceedings were filed like writ petitions to challenge said decision of the authority. Submissions made show that one of these respondents, who had filed petition succeeded to get the order of remand of the matter and his claim will be again considered by the Caste Scrutiny Committee.

3. In the year 1995, the Government had issued a Government Resolution due to which protection could have been given to the candidates who had entered the service as Scheduled Tribes category candidate but who had failed to obtain validity certificate of their claim but who were from Special Backward Category. In view of the aforesaid Government Resolution and after obtaining the validity certificate of Special Backward Category by the respondent Nos.5 and 6, the Government gave protection to respondent Nos.5 and 6 and their services were protected but the order was made that their entry in the service was to be treated of the year 1995 and not of the year 1991 because of the Government Resolution dated 15-6-1995. Only due to this Government Resolution they were getting the protection in service.

4. Present petitioners entered the same cadre in the year 2000 through M.P.S.C. as candidates of Special Backward Category. It is their contention that at the entry point itself they were holding the validity certificates in respect of their caste claim. It is their contention that due to the order issued by the Government in the year 2004, the services of respondent Nos.5 and 6 will be counted from 1995 and they will be treated senior to the petitioners. The respondent Nos.5 and 6 are treated senior to the petitioners and they are promoted also on the basis of such seniority. Thus, the order made by the Government in the year 2004 is also challenged in the petition which came to be filed in the year 2011.

5. It is the contention of the petitioners that prior to Act No. XXIII of 2001 viz. "Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 the law declared by the Apex Court in Kumari Madhuri Patil v. Commissioner, Tribal Development reported as AIR 1995 SC 94 was holding the field and in view of the said law, after the decision of the authority which was appointed for consideration of the claims of the backward classes, candidates who had got admission in educational institutions against reserved seats and candidates who had obtained employment on the basis of claim of such castes, were liable to loose everything including the posts which they had obtained by making false claim of the caste or tribe. It is the contention that after the Act of 2001, which was in accordance with the directions given in Kumari Madhuri Patil's case by the Apex Court, the services of such persons could not